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Is it a waste of time appealing a restraining order Renewal

in California, Contra Costa county?I...
Is it a waste of time appealing a restraining order Renewal in California, Contra Costa county?I am going through a divorce, my X came to my house 7 times and I had to call the cops on her 7 times and filed 7 police reports against her to remove her. She also had 2 TRO’s filed against her. Because the judge liked her, they put the restraining order against me during our 5 day divorce trial.After the final divorce ruling with 20 years of marriage 3 income producing houses, a business and homes all total equity of 1.2M again the judge liked her and gave her 100% of everything, and it is all now on appeal primarily based on the judge ignoring my ownership, judges mistakes and rulings not matching evidence, facts or testimony.Since the final ruling & during the current appeal, a neighbor advised me my X was selling community assets that were never ruled on in the trial, and the appeals court is addressing. Since I already had a restraining order on me I stayed many blocks away and called the Police so they could verify she was in fact selling items. Upon the police first going to the front of the property, my X lied to the police saying there was no sale. The police returned to me and said no sale. After I called the neighbor to find out where exactly the sale was, I found out it was in the rear of the property. I advised the police to go to the rear of the property where they verified she was in fact having a sale and they documented this on the police report she lied to them the first time (typical).Now my X has renewed the restraining order for 5 years against me and I need to know if it is appealable? I was not harassing or stalking her as she claims, I have not seen or contacted her since the divorce trial. I only had the police verify the ongoing sale that one day.On one hand, I believe the way I read the law word for word and action for action, I did not harass or stalk her in any way that would put me into any category to justify renewing this restraining order against me. I did not violate the following Family Law -FAM 6203, 6211, 6388, CCP 527.6, The police simply documented the sale, but of course she claimed "I was using the police to harass her...".I do not know if trying to convince an appeals judge I did not violate those codes is even enough to win an appeal.What I think may make any appeal win impossible is the following –FAM 6345 (a) reads – “…. These orders may be renewed, upon the request of a party, either for five years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party”.Additionally – CCP 527.6 (j) (1) reads – “The order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party”.** If all that is required to renew a restraining order is for the respondent to simply apply for one, then it appears an appeal for any reason argued would be a waste of time, is that typically true?Will an appeal likely be a waste of time?Thank You,Dave
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Answered in 2 minutes by:
10/31/2017
Gerald-Esquire
Category: Family Law
Satisfied Customers: 4,395
Experience: 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Since the original Restraining Order was issued, then the renewal is a matter of course. You would be better off focusing your resources and energy on the appeal pertaining to the property distribution. I am baffled by the judge awarding here 100% of property in California. California is a community property state and distribution is nearly always 50/50.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Category: Family Law
Satisfied Customers: 4,395
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